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{
    "id": 1553978,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1553978/?format=api",
    "text_counter": 556,
    "type": "speech",
    "speaker_name": "Funyula, ODM",
    "speaker_title": "Hon. (Dr) Ojiambo Oundo",
    "speaker": null,
    "content": "legal position or authority is unknown in this country. The Mover of this Bill, who is the Leader of Majority Party, should have had the opportunity to explain about the Eastern and Southern Africa Anti-Money Laundering Group that we are relating to is, and that has undertaken a review of Kenya and determined that several laws need to be amended. The Bill basically makes several amendments, including changes to the Proceeds of Crime and Anti-Money Laundering Act, such as replacing the word ‘Agency Director’ with ‘Agency Director-General. Those are basic amendments that I appreciate can be made. However, when we move to various amendments on specific laws, that is where the gist of the matter starts. If you look at the appendix amending Section 48 of the Anti-Money Laundering Act, it introduces new paragraphs immediately after paragraph (b) which says: ‘‘Dealers in precious metals and dealers in precious stones, when they engage in any cash transactions with a customer equal to or above US$15,000” In essence, the people of Kenya need to understand that the Bill seeks to criminalise any dealings of any money of a certain value, regardless of whether the source is genuine, clean or not. For instance, if you deal with US$15,000, then you are probably believed to be in money laundering or financing terrorism. When you go to the various Acts which will be amended by this Bill… The Hon. Temporary Speaker has mentioned the Non-Governmental Organisations (NGOs) that we used to know. They are now Public Benefit Organisations. I can tell Kenyans that this Bill will kill the NGOs. In the United States of America (USA), President Trump has killed the NGOs. This Bill will bury the NGOs literally. There was a person who used to be in charge of NGO registration. If he did not like you, for political vendetta, he would claim that the NGO you were running was meant to finance terrorism and undertake those kinds of actions. Terrorism is an ever-moving target; not a fixed target. We use it as a platform to harass, intimidate, and literally disfranchise very many communities in this country. You are again bringing another law that makes it practically impossible to support any group or village. If I have Ksh100,000 in my pocket or Parliament gives me money, I cannot take it to the Savings and Credit Cooperative (SACCO) or support any group or village. We are literally saying we are finished. I ask the Mover of the Bill to make adequate efforts to have a look at it and subject it to adequate public participation. I hope the Report they have presented has addressed the fears that we are addressing here because, at least, we have a platform to articulate the issues here. There are many silent Kenyans outside there who need to be addressed, taken to speed and be told the import of this Bill. What is the mischief in it? What is it trying to cure that the current laws cannot cure? Granted that they have changed some positions to Director, those are basic ones that can be done. However, any change to other substantive Acts – like the ones which are being changed here are quite a number… Like the one that establishes the Assets Recovery Agency and others, require thorough interrogation and enough time to ventilate on them. Thank you, Hon. Temporary Speaker. On that remark, I have sufficient reservations about this Bill. I believe that when it comes to the Committee of the whole House, we might make far-reaching amendments that the spirit of the Bill will be lost. It is important for the House leadership to reflect on either to withdraw it so that we draft it properly or allow it to be watered down to nothing without achieving what we intended."
}